What does the mediator do?
The mediator attempts to clarify the disputed issues and tries to help the parties resolve their differences. “If asked to do so by the parties, a mediator may offer opinions or a neutral evaluation. Any opinions or neutral evaluation are not binding on the parties.” The mediator does explain the options that are available. Bottom line through – the parties control the result, not the mediator.
What is expected of the injured worker at the mediation?
The worker does need to appear at the mediation and must negotiate in good faith. When asked by the mediator, the injured worker (through his/her lawyer) will give their thoughts. Long discussions are not required. It is a chance to resolve the issues without having someone resolved them for you, so it is important to communicate your concerns to your lawyer throughout the process.
How long will the mediation take?
“It depends. The length of time spent in the mediation depends on a number of factors: the number of issues being addressed in the mediation, complexity of the case, amount of information you choose to share, the preparation of the parties. Full and Final or Settlement Mediations are scheduled for three hours. Issue Mediations are usually scheduled for 90 minutes. Mediations may be scheduled for longer by request of the parties, or they may be continued for another session.”
Who pays for the mediation?
Neither side pays for the mediation if the mediator is a Commission mediator. If the parties choose their own mediator, then the parties also decide who pays for the mediator.
Do I need to bring anything with me to the mediation?
Your lawyer will make sure you have all the necessary documents such as medical bills, your medical history, critical medical reports and opinions, and if the facts of the accident are at issue, photographs.
Injured at Work? Contact Virginia Worker’s Compensation Attorney Joe Miller
Joe Miller provides strong counsel for injured workers. He knows the arguments employers and insurance companies make. He prepares your case as though it will be tried but negotiates when a settlement is merited. He’ll do everything possible to make sure you go back to work when you are ready, not when the employer says you can. Lawyer Joe Miller fights to get his clients every dollar that law allows. Contact attorney Joe Miller for an appointment at 888-694-1671 or complete his online form at www.joemillerinjurylaw.com
